Helping you with an inhertitance disputes
We understand the sensitivities involved in inheritance disputes, and that the decision to contest a Will or an estate’s distribution is often emotionally charged. We will listen to you to understand your concerns and explain the options available to you in a clear, concise way. We will ensure you are fully informed and feel confident about the pathway forward.
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Why you may be contesting a Will
It is important to seek prompt legal advice if you believe a Will doesn’t reflect the true intentions of a deceased person. This could be because of concerns about their mental capacity, or undue influence, at the time of making their Will. Alternatively, you may have been excluded from the Will or feel that you have been unfairly provided for. Our specialist inheritance dispute solicitors will give you clear, personalised advice about the steps you can take.
We will advise and support you through every step of the process which typically begins with collating evidence to support your dispute claim. We will draft a letter on your behalf outlining your claim to the executor(s) of the Will. You, and the other parties involved, will have the opportunity to negotiate a settlement, with third party mediation. We will work alongside you to find a positive resolution. If a settlement cannot be reached, you can instigate court proceedings for the dispute to be considered by a judge.
Why choose
CWC Solicitors?
Our top priority is that you feel supported and confident throughout the sensitive inheritance dispute process. You will be allocated one of our specialist solicitors who will be your trusted guide from the beginning to the end of the process. You will have direct access to your solicitor who will provide you with regular updates. And, you’ll receive personalised care and attention to ensure your wishes are reflected. We aim to work as swiftly as possible to help achieve a positive outcome for you.
Frequently asked questions
Still unsure or need something explained properly? Contact us, and we’ll guide you through it.
1. What is an inheritance dispute?
It is important to seek prompt legal advice if you believe a Will doesn’t reflect the true intentions of the deceased person. This could be because of concerns about their mental capacity, or undue influence, at the time of making their Will. Alternatively, you may have been excluded from the Will or feel that you have been unfairly provided for.
2. Are there time limits for contesting a will?
Yes, claims under the Inheritance Act 1975 must be made within six months of the granting of probate. While challenging the validity of a Will has no strict time limit, we recommend that you seek prompt legal advice soon after the death, or upon learning about the terms of the Will so the most appropriate next steps can be taken.
3. Who can contest a Will?
Those with a potential interest in the estate, such as beneficiaries named in the Will, beneficiaries from a previous Will, or close relatives who have been left out. We can advise on your eligibility.
4. Can I contest a Will on the basis of unfairness?
Perceived unfairness isn’t a legal ground for contesting a Will, however there may be other valid reasons, such as failure to make reasonable provision for dependants. We can advise on whether your circumstances constitute a claim.
5. How do I begin the process of contesting a Will?
The first step is to contact a solicitor who specialises in inheritance disputes. We will review your situation, advise you on the merits and potential outcomes, and initiate proceedings if warranted.
6. Is contesting a Will expensive?
Costs can vary based on the complexity and duration of a case. We provide transparent pricing options and alternative dispute resolution methods to help with cost management.
7. Can I contest a Will without going to court?
Yes, mediation and negotiation are encouraged as they often result in a settlement without the need for court proceedings. Our skilled negotiators aim to resolve disputes swiftly and amicably.
8. What if I'm not happy with the way the estate is being administered?
If you have concerns it’s important to seek legal advice. Mismanagement or breach of duty by executors can be challenged.
9. What does ‘undue influence’ mean in the context of Wills?
Undue influence refers to situations where the Will maker was coerced into making provisions in their Will that they would not have otherwise made. We can help you gather evidence to support a claim of undue influence.
10 Can a solicitor update me on the progress of my case?
Yes, we are committed to keeping you informed every step of the way so you feel supported and confident. You will have direct access to your solicitor who will provide you with regular updates.
Related services
Applying for probate
Whether you’re an executor or a beneficiary of a Will, our team of dedicated probate solicitors will support you to feel informed, confident, and at ease. We’re here to simplify the process for you and guide you through each phase with clarity and care.
Powers of Attorney
Powers of Attorney allow you to give someone you trust the authority to make decisions on your behalf in relation to your finances and health, if you become unable to. We’re here to guide you through the process with compassion and clarity.
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